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ALIZIO v. CITY OF NEW YORK

146 Misc.2d 214 (1990)

Anthony Alizio et al., Petitioners, v. City of New York et al., Respondents.

Supreme Court, New York County.

January 4, 1990

Attorney(s) appearing for the Case

Walter Cohen for petitioners. Peter L. Zimroth, Corporation Counsel, for respondents.

HAROLD BAER, JR., J.

In this CPLR article 78 proceeding, petitioners make the unusual, perhaps unheard of claim that the City of New York performed a municipal function with excessive speed. Petitioners challenge an assessment for sidewalk repairs. Respondents (hereinafter the City) seek to dismiss on Statute of Limitations grounds and counterclaim for the cost of the repairs.

Petitioners claim that...

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